Dispute Resolution and Arbitration Commons^™

When Regulations And Arbitration Awards Collide: Potential Difficulties For Arbitrators And Parties: Bangor Gas Co., Llc V. H.Q. Energy Serv. U.S. Inc., Greg Mitchell

Journal of Dispute Resolution

Many commercial transactions are complex. The increasing presence of both arbitration and administrative regulations are part of what creates this complexity. It is thus possible that parties to a commercial transaction will find themselves in arbitration over a dispute involving regulations. This note will explore the potential difficulties parties and arbitrators face when arbitration awards and regulations collide. The difficulties for parties include grounds for vacatur that are either nonexistent or hard to meet, and potentially being forced to choose between violating a regulation or not complying with the award. Additionally, arbitrators face difficulties in fashioning awards that comply with …

There Has Been A Misconcepcion: The Faa Does Not Foster The Waiver Of Statutory Rights: Reyes V. Liberman Broad, Inc., Joanna L. Byrne

Journal of Dispute Resolution

This paper first discusses the particular facts and proceedings in Reyes. Next, it will discuss the complicated legal landscape that affects the interpretation of class arbitration waivers in California. Then, this paper will analyze the California Court of Appeals' rationale for its holding in Reyes. Next, this paper will construct an argument in favor of allowing employees to maintain bargaining rights in some circumstances, despite the existence of a class arbitration waiver in an employment contract. Finally, this paper will explore outside factors that may affect the Supreme Court of California's ability to render a decision and analyze how the …

The Bible Of Labor Arbitration: Tribute To Professor Frank Elkouri, Theodore J. St. Antoine

Other Publications

Each of the three traditional learned professions has had its “bible.” Divines had the progenitor, the Holy Bible itself; medical doctors had Gray’s Anatomy; and lawyers had Blackstone. What could be more fitting than that the sprightly newcomer to the ranks of the learned professions—labor arbitration—should also have its own bible: Elkouri & Elkouri, How Arbitration Works? But while Blackstone, Gray’s, and perhaps even the King James Version have largely been supplanted by sleeker, more contemporary models, nothing of the sort has happened to Elkouri. It just sails on majestically from one edition to another, now heading into its seventh.

Doe V. Supreme Sharia Court Of Appeals, Edna Arbel, Miriam Naor, Noam Sohlberg

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

A petition against the decision of the Sharia Court of Appeals that it is not possible to appoint a female arbitrator under Section 130 of the Ottoman Family Law for divorce proceedings conducted before the court. According to the Sharia court, Section 130 of the Ottoman Family Law is based on the Maliki interpretation. Since the Malikis require that the arbitrators be men, women …

To Skin A Cat: Qui Tam Actions As A State Legislative Response To Concepcion, Janet Cooper Alexander

University of Michigan Journal of Law Reform

The Supreme Court's decision in Concepcion is widely regarded as heralding the demise of small-claims class actions whenever contracts of adhesion are involved in the transaction-which means for virtually all consumer and employment claims. Amending the Federal Arbitration Act to overturn Concepcion would be a relatively simple exercise in legislative drafting, but in the current political climate such efforts are unlikely to succeed. Thus far, proposed federal corrective legislation has failed to pass, and federal agency regulation of class waivers has been lacking. State legislatures might have the political ability to pass corrective legislation, but virtually all state limitations on …

Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution, David Korn, David Rosenberg

University of Michigan Journal of Law Reform

By mandating that numerous plaintiffs litigate their common question claims separately in individual arbitrations rather than jointly in class action arbitrations, the Supreme Court in AT&T Mobility LLC v. Concepcion entrenched a potent structural and systemic bias in favor of defendants. The bias arises from the parties' divergent stakes in the outcome of the common question litigation in individual arbitrations: each plaintiff will only invest to maximize the value of his or her own claim, but the defendant has an incentive to protect its entire exposure and thus will have a classwide incentive to invest more in contesting common questions. …

The Majority Approach To Arbitration Waiver: A Workable Test Or A License For Litigants To Play Games With The Courts?, James Savage

The University of New Hampshire Law Review

[Excerpt] “The freedom of parties to agree to arbitrate their disputes is enshrined by contract law and federal law. By inserting a mandatory arbitration clause in a contract, both parties agree that, should a dispute arise between them, they will not bring the matter to court. Instead, they agree to submit any disputes to a mutually-agreed-to third party, such as the American Arbitration Association; this third-party acts like a judge and resolves the dispute. Arbitration has many advantages, such as reducing the cost and increasing the efficiency of dispute resolution. Because of these reduced costs and greater efficiency, businesses can …

Arbitration Case Law Update 2013, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

The U.S. Supreme Court and lower state and federal courts continue to decide cases under the Federal Arbitration Act (FAA) at an astounding rate. This chapter summarizes Supreme Court opinions over the past year that interpret the FAA, as well as selected lower court decisions that apply the FAA and could have an impact on securities arbitration practice.

Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, Kelli Michelle Devaney

Nevada Supreme Court Summaries

Consolidated appeals from a district court order confirming an arbitration award and an amended judgment and order of sale, in which the Court considered two issues: (1) whether an arbitration awards was obtained through undue means and (2) whether the arbitrator’s refusal to void a loan in the underlying dispute constituted a manifest disregard for the law.

Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid

University of Miami International and Comparative Law Review

International arbitration offers many rights, such as the right to counsel of choice and the right to an independent and impartial arbitration panel and proceeding. However, these guarantees, while they ensure the rights of parties and allow international arbitration to be a viable dispute resolution forum, can also be used as weapons. The viability of these rights as weapons is what reconciles the seemingly conflicting cases of Hrvatska v. Slovenia and Rompetrol v. Romania. Hrvatska sets forth an arbitration tribunal's inherent right to ensure and regulate the proceedings so as to guarantee the rights offered by international arbitration, while …

Investor-State Contracts, Host-State “Commitments” And The Myth Of Stability In International Law, Lise Johnson, Oleksandr Volkov

Columbia Center on Sustainable Investment Staff Publications

A new de facto rule has emerged in international investment law that emphasizes and prioritizes investment stability, imposing liability on host governments for a wide range of public interest measures deemed to interfere with “commitments” given to foreign investors by host governments. The arbitral decisions from which this new rule has emanated in treaty-based investment disputes resolve types of claims that have long been familiar to domestic jurisdictions. Yet, as this article uncovers through a comparative law analysis of factually similar cases decided under United States law over roughly the past 200 years, the approaches taken and pronouncements issued by …

Adequately Representing Groups, Elizabeth Chamblee Burch

Scholarly Works

Adequate representation and preclusion depend on whether the courts treat a litigant as part of a group experiencing an aggregate harm or as a distinct person suffering individual injuries. And though a vast literature about adequate representation exists in the class-action context, it thins dramatically when contemplating other forms of group litigation, such as parens patriae actions and multidistrict litigation. As class actions have gradually fallen into disfavor and attorneys and commentators seek alternative means for resolving group harms, the relative clarity of Rule 23 wanes. How should courts evaluate adequate representation in parens patriae actions and in multidistrict litigation? …

India International Adr Association Off To An Exciting Start, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the launch of the India International ADR Association (IIADRA) is analysed.

Adapting Alternate Dispute Resolution For Use In Administrative Proceedings, Victor Lawrence

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Critical Review On Indonesia's Drawbacks As A Preferable Seat Of Arbitration, Setyawati Setyawati

Indonesia Law Review

Indonesia as a developing country is in the urgent need to improve its arbitration law and practice. One of the reasons is because Indonesia may gain many advantages by such improvement, such as: increase of its international reputation as a safe place to invest or conduct trading since there is an assurance that future disputes may be promptly solved through arbitration. One way to improve Indonesia arbitration practice is by creating the jurisdiction as a friendly place to arbitrate, which firstly shall be analysed by reviewing its drawbacks as a preferable seat of arbitration, specifically on the procedure to enforce …

Model Standards Of Conduct For Mediators, American Arbitration Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Privately Employed Hearing Officers: Hearing Board Procedures Of The New York Stock Exchange, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

How To Negotiate With A Woman Women And The Art Of Negotiating: Techniques For Achieving Success In Your Business And Personal Relationships (Book Review), David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Challenges In Multiparty Environmental Mediation, Daniel E. Louis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Appendix Ii - Selected Bibliography: Alternative Dispute Resolution, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Foreword, I. William Zartman

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Administrative Law Judge As A Bridge Between Law And Culture, Phyllis E. Bernard

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Massachusetts Community Mediation Center Grant Program, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Office of Community Partnerships Posters

The CMC Grant Program was established in FY 2013 to provide state operational funding to community mediation centers that provide services through trained volunteers to primarily low-income citizens for a wide-range of family, neighborhood and community conflicts.

Building Bridges: Fostering Dialogue And Shared Understanding Between Communities And Government Agencies, Eben Weitzman, Darren Kew

Office of Community Partnerships Posters

Professors Eben Weitzman and Darren Kew of the Department of Conflict Resolution, Human Security, and Global Governance at the John W. McCormack Graduate School of Policy and Global Studies are facilitating conversations among state and federal agencies and minority community representatives as a means for fostering shared understanding of the challenges and opportunities inherent to their relationship. Working with the BRIDGES program, they are using group dialogue to help stakeholders build lasting, productive connections.

Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis

West Virginia Law Review

No abstract provided.

Annual Saltman Lecture: Further Beyond Reason: Emotions, The Core Concerns, And Mindfulness In Negotiation, Leonard L. Riskin

UF Law Faculty Publications

This article focuses on one particularly common problem: Sometimes people who understand the Core Concerns System, know how to use it, and intend to employ it in a particular negotiation, either fail to do so or fail to do so skillfully; when they review the negotiation, they regret not having used the Core Concerns System, and believe that using it would have produced a better process and outcome. When this occurs, it often results from deficits or faults in the negotiator's awareness.

It follows that a negotiator can enhance his ability to employ the Core Concerns System through improving his …

What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson

University of Michigan Journal of Law Reform

This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration Fairness Act, this debate has significant practical implications. Fundamentally, the Article is about access to justice. It examines 160 labor arbitration opinions and awards in employment-discrimination cases. The author concludes that labor arbitration is a forum in which employment-discrimination claims can be-and, in some cases, are-successfully resolved. Based upon close examination of the opinions and awards, the Article recommends legislative improvements in certain cases targeting statutes of limitations, compulsory process, remedies, class …

Defining An Interlocutory Application: Opennet Pte Ltd V Ida [2013] Sgca 24, Eunice Chua

Research Collection Yong Pung How School Of Law

No abstract provided.

From Conflict To Conflict Resolution: Establishing Alj Driven Mediation Programs In Workers' Compensation Cases , Howard W. Cummins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.